[R.O. 2007 §18-96; Ord. No. 4277 §1, 9-6-1977]
For the purpose of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:
- Any and all persons, other than the masseurs or masseuses, who render any service to the permittee, who receive compensation directly or indirectly from the permittee and who have no physical contact with the customers and clients.
- MASSAGE BUSINESS
- Any place of business in which massage therapy is practiced.
- MASSAGE THERAPIST
- A health care practitioner who provides or offers to provide massage therapy, as provided in Sections 324.240 to 324.275, RSMo., to any person at no cost or for a fee, monetary or otherwise, implying that the massage therapist is trained, experienced and licensed in massage therapy, and who holds a current, valid Missouri license to practice massage therapy.
- MASSAGE THERAPY
- A health care profession which involves the treatment of the body's tonus system through the scientific or skillful touching, rubbing, pressing or other movements of the soft tissues of the body with the hands, forearms, elbows, or feet, or with the aid of mechanical apparatus, for relaxation, therapeutic, remedial or health maintenance purposes to enhance the mental and physical well-being of the client, but does not include the prescription of medication, spinal or joint manipulation, the diagnosis of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law, or to those occupations defined in Chapter 329, RSMo.
- Any individual, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of individuals of whatever form or character or other legal entity.
- RECOGNIZED SCHOOL
- Any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a resident course of study not less than seventy (70) hours to be given in no more than three (3) calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning and which school has been recognized and approved by the government of the State of Missouri.
[R.O. 2007 §18-97; Ord. No. 4277 §2, 9-6-1977]
It shall be unlawful for any person to engage in, conduct or carry on or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Poplar Bluff, Missouri, the operation of a massage parlor or similar establishment, regardless of how it is identified or what it is called, as herein defined, without first having obtained a permit from the office of the City Clerk.
[R.O. 2007 §18-98; Ord. No. 4277 §3, 9-6-1977]
Every applicant for a permit to maintain, operate or conduct a massage parlor or similar establishment shall file an application with the office of the City Clerk and pay a filing fee of fifty dollars ($50.00) which shall not be refundable if the permit is issued.
[R.O. 2007 §18-99; Ord. No. 4277 §4, 9-6-1977]
The application for a permit to operate a massage parlor or similar establishment shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therein and the name and address of each applicant. In addition to the foregoing, each applicant for a permit shall furnish the following information:
Written proof that the applicant is at least eighteen (18) years of age.
Two (2) portrait photographs at least two (2) inches by two (2) inches and fingerprints.
A copy of the applicant's Missouri license to operate a massage business.
Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application.
The massage or similar business license history of the applicant; whether such person, in previously operating in this or another City or State under license, has had such license revoked or suspended, the reason therefore, the business activity or occupation subsequent to such action of suspension or revocation.
Any criminal convictions, except minor traffic violations.
The City Clerk of Poplar Bluff, Missouri, may issue a permit for a massage establishment within fourteen (14) days following the receipt of application for a massage establishment permit if all requirements for a massage establishment described in this Chapter are met and a license fee in the amount of three hundred dollars ($300.00) per year, beginning July first (1st) each year, is paid to the City Clerk for a massage establishment.
[R.O. 2007 §18-107; Ord. No. 4277 §12, 9-6-1977]
No permit to conduct a massage parlor or similar establishment shall be issued unless an inspection by the Chief of Police or his/her authorized representative reveals that the establishment complies with each of the following minimum requirements:
Construction of rooms used for toilets, tubs, steambaths and showers shall be waterproof with approved waterproof materials.
Toilet facilities shall be provided in convenient locations. When five (5) or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided; a single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one (1) water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
The Chief of Police shall certify to the City Clerk that the proposed massage establishment complies with all of the requirements of this Section of the Chapter.
[R.O. 2007 §18-108; Ord. No. 4277 §13, 9-6-1977]
Every portion of a massage establishment, including appliances, apparatus and personnel, shall be kept clean and operated in a sanitary condition.
All employees shall be clean and wear clean outer garments. Provisions for a separate dressing room for each sex must be available on the premises.
All massage therapists must possess a current Missouri massage therapy license.
The private parts of patrons must be covered by towels, cloths or undergarments when in the presence of an employee, masseur or masseuse. Any contact with a patron's genital area is strictly prohibited.
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.
Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.
Advertising. No massage establishment granted a permit under provisions of this Chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest prospective patrons that any service is available other than those services as described in this Section of this Chapter, nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services defined as a "massage" in Section 630.010 hereof.
All services defined as a "massage" herein must be carried on in one (1) cubicle, room, booth or area within the massage establishment. No service defined as a "massage" herein may be carried on in any other cubicle, room, booth or area except where such cubicle, room, booth or area has transparent doors or walls, such that all activity within the cubicle, room, booth or area is visible from outside the same.
[R.O. 2007 §18-111; Ord. No. 4277 §16, 9-6-1977]
No permit shall be transferable except with the written consent of the City Clerk; provided however, that upon the death or incapacity of the permittee, the massage establishment may continue in business for a reasonable period of time to allow for an orderly transfer of permit.
[R.O. 2007 §18-113; Ord. No. 4277 §18, 9-6-1977]
This Chapter shall not apply to hospitals, nursing homes, sanitariums or persons holding an unrevoked certificate to practice the healing arts under the laws of the State of Missouri or to persons working under the direction of any such persons or in any such establishments.